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2009 Supreme(Mad) 3938

ELIPE DHARMA RAO, M.VENUGOPAL
Fashion Apparels, rep. by its Partner S. Balachander, Chennai & Others – Appellant
Versus
Central Bank of India Mount Road Branch Chennai & Another – Respondent


ADVOCATES APPEARED:
For the Petitioners:V.T. Gopalan, Senior Counsel for G. Desingu, Advocate.
For the Respondents:R1, K. Rajasekaran, R2, R. Subramanian, Senior Counsel for Sunanda Suren, Advocate.

Judgment :-

ELIPE DHARMA RAO, J.

The petitioner in the first writ petition above is a firm and the petitioners in the other two writ petitions are its partners, engaged in the business of exporting garments. The petitioners in the 2nd and 3rd writ petition above are husband and wife.

.2. The petitioners availed packing credits and cash credit facilities aggregating a limit of Rs.60 lakhs on execution of necessary documents and on the security of immovable property by way of equitable mortgage and hypothecation of stocks. They have deposited the title deeds of the properties on 111. 1998 and 12. 1998 respectively with interest to create an equitable mortgage for the loan facility granted in favour of the firm. Subsequently, on their application, the first respondent Bank sanctioned packing credit facility and cash credit facility aggregating a sum of Rs.75 lakhs on execution of necessary documents on 24. 1999. Subsequently, the first respondent Bank sanctioned placing credit facility and cash credit facility, aggregating a sum of Rs.72,50,000/= on execution of necessary instruments in favour of the Bank and on extension of equitable mortgage on 20.3.2000. Thereupon, the petitioners







































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